Bill Text: FL S2448 | 2010 | Regular Session | Comm Sub

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Bill Title: Vehicle Operation [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Messages, companion bill(s) passed, see CS/CS/HB 971 (Ch. 2010-223) [S2448 Detail]

Download: Florida-2010-S2448-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 2448 
 
By the Committee on Community Affairs; and Senator Bennett 
578-05288-10                                          20102448c1 
1                        A bill to be entitled 
2         An act relating to vehicle operation; amending s. 
3         316.003, F.S.; redefining the term “electric personal 
4         assistive mobility device” to include additional 
5         devices for transporting one person; amending s. 
6         316.008, F.S.; authorizing local governments to 
7         regulate certain vehicles and other motorized devices 
8         operating on sidewalks; amending s. 316.1995, F.S.; 
9         conforming provisions to changes made by the act; 
10         exempting motorized wheelchairs from certain 
11         ordinances; amending s. 316.212, F.S.; authorizing 
12         local governments to enact ordinances permitting the 
13         use of golf carts on sidewalks; amending s. 316.2128, 
14         F.S.; conforming provisions relating to notices 
15         required to be displayed by certain sellers of 
16         motorized scooters and motorcycles; providing an 
17         effective date. 
18 
19  Be It Enacted by the Legislature of the State of Florida: 
20 
21         Section 1. Subsection (83) of section 316.003, Florida 
22  Statutes, is amended to read: 
23         316.003 Definitions.—The following words and phrases, when 
24  used in this chapter, shall have the meanings respectively 
25  ascribed to them in this section, except where the context 
26  otherwise requires: 
27         (83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any self 
28  balancing, two-nontandem-wheeled device, designed to transport 
29  only one person, with an electric propulsion system with average 
30  power of no more than 750 watts (1 horsepower), the maximum 
31  speed of which, on a paved level surface when powered solely by 
32  such a propulsion system while being ridden by an operator who 
33  weighs 170 pounds, is less than 20 miles per hour. Electric 
34  personal assistive mobility devices are not vehicles as defined 
35  in this section. 
36         Section 2. Subsection (7) is added to section 316.008, 
37  Florida Statutes, to read: 
38         316.008 Powers of local authorities.— 
39         (7) A county or municipality may enact an ordinance to 
40  permit, control, or regulate the operation of vehicles, golf 
41  carts, mopeds, motorized scooters, and electric personal 
42  assistive mobility devices on sidewalks or sidewalk areas when 
43  such use is permissible under federal law. The ordinance must 
44  restrict such vehicles or devices to a maximum speed of 15 miles 
45  per hour in such areas. 
46         Section 3. Section 316.1995, Florida Statutes, is amended 
47  to read: 
48         316.1995 Driving upon sidewalk or bicycle path.— 
49         (1) Except as provided in s. 316.008 or s. 316.212(8), a No 
50  person may not shall drive any vehicle other than by human power 
51  upon a bicycle path, sidewalk, or sidewalk area, except upon a 
52  permanent or duly authorized temporary driveway. 
53         (2) A violation of this section is a noncriminal traffic 
54  infraction, punishable as a moving violation as provided in 
55  chapter 318. 
56         (3) This section does not apply to motorized wheelchairs. 
57         Section 4. Subsection (8) of section 316.212, Florida 
58  Statutes, is amended to read: 
59         316.212 Operation of golf carts on certain roadways.—The 
60  operation of a golf cart upon the public roads or streets of 
61  this state is prohibited except as provided herein: 
62         (8) A local governmental entity may enact an ordinance 
63  relating to: 
64         (a) Regarding Golf cart operation and equipment which is 
65  more restrictive than those enumerated in this section. Upon 
66  enactment of such ordinance, the local governmental entity shall 
67  post appropriate signs or otherwise inform the residents that 
68  such an ordinance exists and that it will be enforced within the 
69  local government’s jurisdictional territory. An ordinance 
70  referred to in this section must apply only to an unlicensed 
71  driver. 
72         (b) Golf cart operation on sidewalks adjacent to specific 
73  segments of municipal streets, county roads, or state highways 
74  within the jurisdictional territory of the local governmental 
75  entity if: 
76         1. The local governmental entity determines, after 
77  considering the condition and current use of the sidewalks, the 
78  character of the surrounding community, and the locations of 
79  authorized golf cart crossings, that golf carts, bicycles, and 
80  pedestrians may safely share the sidewalk; 
81         2. The local governmental entity consults with the 
82  Department of Transportation before adopting the ordinance; 
83         3. The ordinance restricts golf carts to a maximum speed of 
84  15 miles per hour and permits such use on sidewalks adjacent to 
85  state highways only if the sidewalks are at least 8 feet wide; 
86         4. The ordinance requires the golf carts to meet the 
87  equipment requirements in subsection (6). However, the ordinance 
88  may require additional equipment, including horns or other 
89  warning devices required by s. 316.271; and 
90         5. The local governmental entity posts appropriate signs or 
91  otherwise informs residents that the ordinance exists and 
92  applies to such sidewalks. 
93         Section 5. Section 316.2128, Florida Statutes, is amended 
94  to read: 
95         316.2128 Operation of motorized scooters and miniature 
96  motorcycles; requirements for sales.— 
97         (1) A person who engages in the business of, serves in the 
98  capacity of, or acts as a commercial seller of motorized 
99  scooters or miniature motorcycles in this state must prominently 
100  display at his or her place of business a notice that such 
101  vehicles are not legal to operate on public roads, or sidewalks 
102  and may not be registered as motor vehicles, and may not be 
103  operated on sidewalks unless authorized by an ordinance enacted 
104  pursuant to s. 316.008(7) or s. 316.212(8). The required notice 
105  must also appear in all forms of advertising offering motorized 
106  scooters or miniature motorcycles for sale. The notice and a 
107  copy of this section must also be provided to a consumer prior 
108  to the consumer’s purchasing or becoming obligated to purchase a 
109  motorized scooter or a miniature motorcycle. 
110         (2) Any person selling or offering a motorized scooter or a 
111  miniature motorcycle for sale in violation of this section 
112  commits an unfair and deceptive trade practice as defined in 
113  part II of chapter 501. 
114         Section 6. This act shall take effect July 1, 2010.